Преодоление преюдиции в гражданском и арбитражном процессе на примере конкретного судебного дела

In the article, the author analyzes one of the ways to overcome prejudice using the example of a specific court case. As a result of the research, the author comes to the conclusion that the plaintiff’s rejection of the claim, motivated solely by the desire to avoid the prejudicial effect of a court decision that establishes circumstances that cannot be proven in the future when considering similar cases involving the same persons, constitutes an abuse of law. In such cases, the court must apply adverse consequences similar to those provided for in Part 5 of Article 159 of the Code of Administrative Procedure of the Russian Federation: to dismiss the plaintiff’s claim and consider the case on its merits.